Thursday, July 16, 2009

Governor's Complete Veto List...long...scroll down to today

Will be interesting to see how much of this is overridden. The Special Session for that has begun. The list with her explanations:

Governor's Statements of Objection (Veto)

HB895 HD2 SD2 CD1
Veto Date: May 7, 2009
Veto Overridden, Becomes Law

RELATING TO TAX ON TOBACCO PRODUCTS OTHER THAN CIGARETTES

Unintentionally suspends the tax on all tobacco products other than cigarettes, would lower the proposed tax increase on cigarettes, and establishes a taxing regime on cigars that is counter to federal requirements and would be virtually unenforceable. Read the Governor's statement of objection.


HB1741 HD1 SD1 CD1
Veto Date: May 7, 2009
Veto Overridden, Becomes Law

RELATING TO THE CONVEYANCE TAX

Discourages investments and weakens the economy by raising the conveyance tax up to 257 percent, from $0.35 to $1.25 per $100 of property value. Read the Governor's statement of objection.


HB1747 HD1 SD1 CD1
Veto Date: May 7, 2009
Veto Overridden, Becomes Law

RELATING TO TAXATION

Discourages investments and weakens the economy by raising the income tax by up to 33%, from a top marginal income tax rate of 8.25 percent to 11 percent. Read the Governor's statement of objection.


SB1111 SD1 HD1 CD1
Veto Date: May 7, 2009
Veto Overridden, Becomes Law

RELATING TO TAXATION

Exacerbates declines in visitor arrivals and tourism industry job losses by raising the transient accommodations tax by 28 percent over the next two years. Read the Governor's statement of objection.

HB1405 HD2 SD2 CD1
Veto Date: July 1, 2009
Veto Stands

RELATING TO THE GENERAL EXCISE TAX

Places Hawai‘i companies, particularly those involved in on-line website development that make customer referrals to out-of-state businesses, at a competitive disadvantage to mainland and international firms by attempting to tax the activities of these out-of-state businesses. Furthermore, the bill is legally defective in that it violates Article III, Section 14 of the Hawai‘i State Constitution regarding the subject matter each bill can include within its scope. Read the Governor's statement of objection.

SB 912 SD2 HD2 CD1
Veto Date: July 6, 2009
Veto Stands

RELATING TO PERMANENCY HEARINGS
Jeopardizes $38 million in annual funding from the federal Administration for Children and Families, U. S. Department of Health and Human Services. Read the Governor's statement of objection.


HB 1611 HD2 SD2 CD1
Veto Date: July 6, 2009
Veto Stands

RELATING TO LABELING OF MEAT AND FISH PRODUCTS
Attempts to regulate the gas treatment of meat and fish in violation of the Supremacy Clause of the United States Constitution because this area is pre-empted by federal law and compromises the ability of the State to enforce the Hawai‘i Food, Drug, and Cosmetic Act. Read the Governor's statement of objection.


HB 690 HD2 SD2 CD1
Veto Date: July 6, 2009
Veto Stands

RELATING TO INSURANCE
Requires health insurers to extend coverage to part-time employees of a group or association, in violation of the provisions of the federal Employee Retirement Income Security Act. Read the Governor's statement of objection.


SB 1058 SD2 HD2 CD1
Veto Date: July 6, 2009
Veto Overridden, Becomes Law

RELATING TO CONTROLLED SUBSTANCES
Sets up a Task Force on medical marijuana and salvia divinorum. Until federal marijuana laws are changed, State law enforcement agencies should not be asked to recommend ways to violate these laws through access, transport, or increases in the use of marijuana. Salvia divinorum can be added to the list of controlled substances, if deemed necessary, without the convening of a task force. Read the Governor's statement of objection.

HB36 HD1 SD2 CD1
Veto Date: July 10, 2009
Veto Stands

RELATING TO HEALTH

Erodes the general fund by up to $2.1 million per year by increasing the amount of money retained in the Environmental Health Special Fund. Read the Governor's statement of objection.


HB343 HD1 SD2 CD1
Veto Date: July 10, 2009
Veto Overridden, Becomes Law

RELATING TO RURAL PRIMARY HEALTH CARE TRAINING

Appropriates $140,000 in general funds to the University of Hawai‘i for a program they did not include as a priority in their own budget. Read the Governor's statement of objection.


HB358 HD1 SD1 CD1
Veto Date: July 10, 2009
Veto Overridden, Becomes Law

RELATING TO DRUG TREATMENT

Would allow the courts to place drug offenders convicted of crimes in secure drug treatment facilities, but there are no such facilities in Hawai‘i, nor are there plans to build any by the Judiciary or any other State department. The potential fiscal impacts of such a facility would be significant and could not be afforded at the present time. Read the Governor's statement of objection.


HB982 HD3 SD1 CD1
Veto Date: July 10, 2009
Veto Overridden, Becomes Law

RELATING TO FAMILY LEAVE

Appropriates $10,000 from the Department of Labor’s Special Fund for Disability Benefits to finance a family leave data collection system. Such a system is not critical to the functioning of State government and this bill represents a misuse of the original intent for these funds. Read the Governor's statement of objection.


HB986 HD1 SD1 CD1
Veto Date: July 10, 2009
Veto Stands

RELATING TO PUBLIC SCHOOL FACILITIES

Imposes conflicting building standards on school construction, which is estimated to increase the costs of school buildings by 8-15%. Read the Governor's statement of objection.


HB989 HD1 SD2 CD1
Veto Date: July 10, 2009
Veto Overridden, Becomes Law

RELATING TO CHILDREN'S HEALTH CARE

Appropriates $400,000 in State general funds to extend the Hawai‘i Children’s Health Care Program for three years, moneys that are outside the budget and a program that provided free, taxpayer-subsidized health insurance for children whose families previously paid for that insurance. Read the Governor's statement of objection.


HB1504 HD1 SD2 CD1
Veto Date: July 10, 2009
Veto Overridden, Becomes Law

RELATING TO HEALTH

Duplicates the work of the State Health Planning and Development Agency by establishing the Hawai‘i Health Authority to develop a comprehensive plan to provide health care in Hawai‘i and appropriates $50,000 from the State Health Planning and Development Special Fund to develop the plan. Read the Governor's statement of objection.


SB266 SD2 HD2 CD1
Veto Date: July 10, 2009
Veto Overridden, Becomes Law

RELATING TO GLOBAL WARMING

Limits the Hawai‘i Tourism Authority’s ability to focus on tourism promotion and marketing at this critical time for Hawai‘i’s main industry by appropriating $100,000 from the Tourism Special Fund to study climate change. Read the Governor's statement of objection.


SB423 SD1 HD2 CD1
Veto Date: July 10, 2009
Veto Overridden, Becomes Law

RELATING TO HEALTH

Appropriates $12,291,054 in State general funds to access federal matching funds for payments to Hawai‘i hospitals. Due to the State’s fiscal status, there are no general funds available to provide the requisite State match. Read the Governor's statement of objection.


SB1665 SD2 HD1 CD1
Veto Date: July 10, 2009
Veto Overridden, Becomes Law

RELATING TO HIGHER EDUCATION

Appropriates $2.4 million from the unemployment insurance trust fund, of which $200,000 would be given to each community college for programs that are already available through the University of Hawai‘i and the Department of Labor and Industrial Relations. Read the Governor's statement of objection.

HB1692 HD2 SD2 CD1
Veto Date: July 13, 2009
Veto Stands

RELATING TO HOUSING

Requires the Hawai‘i Public Housing Authority to conduct a pilot project in state public housing but fails to address the underlying causes, including self-sufficiency programs and abundant low income rental housing. Read the Governor's statement of objection.

SB1160 SD2 HD2 CD1
Veto Date: July 13, 2009
Veto Stands

RELATING TO THE HAWAI‘I PUBLIC HOUSING AUTHORITY.

Prohibits the sale of any land developed for public housing. This will inhibit the Administration’s ability to manage State resources, as well as conflict with Hawai‘i Public Housing Authority's ongoing plans for mixed-use development. The bill is technically flawed because it adds new statutory language prohibiting the sale of public housing land while still retaining the old statutory law allowing Hawai‘i Public Housing Authority to “sell, exchange, transfer, assign, or pledge, any property, real or personal, or any interest therein to any person or government.” One section of the Hawai‘i Revised Statutes will purport to take away a power that another section of the Hawai‘i Revised Statutes still clearly grants. Read the Governor's statement of objection.

SB1350 SD2 HD1 CD1
Veto Date: July 13, 2009
Veto Stands

RELATING TO KAKA‘AKO

Would adversely impact affordable housing options in the state by creating a new reserved housing mandate for developers of both commercial and residential property in Kaka‘ako that is unrealistic and unworkable. This bill will hurt large and small landowners alike by halting development for owners with lots larger than 20,000 square feet and discouraging owners with lots smaller than 20,000 square feet from consolidating their properties. Places a temporary moratorium on building permits during a period of economic decline when we should be encouraging construction activity. Read the Governor's statement of objection.

HB31 SD1 CD1
Veto Date: July 14, 2009 Veto Overridden, Becomes Law

RELATING TO EMPLOYMENT PRACTICES
Creates a new restriction on employers that prevents them from being able to inquire into an individual’s credit history for employment purposes. If enacted, this bill has the potential to jeopardize an employer’s ability to protect safety and financial security in the workplace. Read the Governor's statement of concern.

HB952 HD1 SD2 CD1
Veto Date: July 14, 2009
Veto Overridden, Becomes Law

RELATING TO LABOR

Removes the right of workers to vote by secret ballot regarding whether or not they want to join a union, eliminating one of the most fundamental and valued democratic principles – the secret ballot. Also mandates timelines for collective bargaining and gives employees, but not employers, the ability to recover attorneys’ fees and costs in prohibitive practice complaints. Read the Governor's statement of concern.

HB1479 HD2 SD1 CD1
Veto Date: July 14, 2009
Veto Overridden, Becomes Law

RELATING TO LABOR

Places an undue burden on contractors by requiring them to submit a fringe benefit reporting form to the Department of Labor and Industrial Relations for both union and non-union workers working on public works contracts. Contractors must already comply with all applicable laws for doing business with the State and this bill imposes an unnecessary burden on them which has no public benefit. Read the Governor's statement of concern.

HB1676 HD1 SD2 CD1
Veto Date: July 14, 2009
Veto Overridden, Becomes Law

RELATING TO PUBLIC WORKS
Inappropriately requires the Department of Labor and Industrial Relations to enforce private collective bargaining agreements covering workers on public works projects financed through Special Purpose Revenue Bonds. Grievances related to collective bargaining agreements should be addressed through the Hawai‘i Labor Relations Board or the National Labor Relations Board, not the Department of Labor. Read the Governor's statement of concern.

SB695 SD1 HD1 CD1
Veto Date: July 14, 2009
Veto Overridden, Becomes Law

RELATING TO WORKERS’ COMPENSATION

Requires employers to continue paying for workers’ compensation medical care after it has been determined that continued treatments are inappropriate, excessive, or an independent physician has determined the employee is ready to return to work. Read the Governor's statement of concern.

HB128 HD1 SD1 CD2
Veto Date: July 15, 2009
Veto Stands

RELATING TO ELECTIONS

Restricts the ability of the Governor to fill vacancies on the Campaign Spending Commission, changes the percentage of political contributions by non-residents, enables certain State and county contractors to contribute to political campaigns, and allows candidates to provide significant sums to political parties. Read the Governor's statement of objections.


HB183 HD1 SD2 CD1
Veto Date: July 15, 2009
Veto Overridden, Becomes Law

RELATING TO EDUCATION

Fails to rectify fundamental flaws in the operation of the Hawai‘i Teacher Standards Board. Read the Governor's statement of objections.


HB541 HD1 SD1 CD1
Veto Date: July 15, 2009
Veto Stands

RELATING TO CIVIL SERVICE PERSONNEL

Attempts to extend the Department of Education’s reliance on the executive branch civil service system, despite the 2005 Reinventing Education Act’s requirement for a separate Department of Education civil service system, but contains a defective effective date. Read the Governor's statement of objections.


HB590 HD1 SD2 CD1
Veto Date: July 15, 2009
Veto Stands

RELATING TO RENEWABLE ENERGY FACILITIES

Duplicates language contained in HB1464 which was passed and signed into law as Act 155. Read the Governor's statement of objections.


HB754 HD1 SD1 CD2
Veto Date: July 15, 2009
Veto Overridden, Becomes Law

RELATING TO THE HAWAI‘I TOURISM AUTHORITY
Transfers the tourism and research statistics function to the Hawai‘i Tourism Authority, which could jeopardize the independence, accuracy, and reliability of tourism data since the information will no longer be developed by an independent, neutral party. In addition, this bill removes four members representing the Administration from the Hawai‘i Tourism Authority Board. These members represent key agencies with missions that directly relate to the tourism industry. Read the Governor's statement of objections.


HB975 HD1 SD1 CD1
Veto Date: July 15, 2009
Veto Stands

RELATING TO AGRICULTURAL WATER SYSTEMS

Unnecessarily exempts the transfer of agricultural water systems from the long-standing county subdivision and land recordation process. Read the Governor's statement of objections.


HB1271 HD3 SD2 CD1
Veto Date: July 15, 2009
Veto Stands

RELATING TO GOVERNMENT

Extracts $31 million per year from Hawai‘i residents by imposing a barrel tax on all petroleum used in the State, without materially changing the ability of the State to meet its energy independence and food security goals. Read the Governor's statement of objections.


HB1471 HD2 SD1 CD1
Veto Date: July 15, 2009
Veto Overridden, Becomes Law

RELATING TO FARMS

Inappropriately uses Tourism Special Funds for an agricultural food safety pilot program that lacks accompanying enforcement requirements or meeting special funding criteria. Read the Governor's statement of objections.


HB1525 HD1 SD2 CD1
Veto Date: July 15, 2009
Veto Overridden, Becomes Law

RELATING TO MEDICAID

Requires the Department of Human Services to include additional reporting requirements in all future Medicaid health insurance plan contracts, which are irrelevant to the State's monitoring of these contracts and access by patients to quality health care. Read the Governor's statement of objections.


HB1538 HD1 SD1
Veto Date: July 15, 2009
Veto Overridden, Becomes Law

RELATING TO ENVIRONMENTALLY-SENSITIVE PRODUCTS

Requires the Department of Education to grant a procurement preference to environmentally-sensitive cleaning and maintenance products for use in public schools that are certified by only one private organization, rather than relying on U. S. Environmental Protection Agency certifications. Read the Governor's statement of objections.


HB1544 HD1 SD1 CD1
Veto Date: July 15, 2009
Veto Overridden, Becomes Law

RELATING TO TAX EXEMPTIONS
Increases taxes on Hawai‘i residents by reducing the Hawai‘i income tax personal exemption by 2 percent for every $2,500 over the income threshold of $119,963 for individual filers and $179,963 for joint filers. Hawai‘i’s personal exemption is already very low at $1,040, less than one third of the federal allowed exemption ($3,500). Read the Governor's statement of objections.


HB1552 HD2 SD2 CD1
Veto Date: July 15, 2009
Veto Overridden, Becomes Law

RELATING TO PUBLIC LANDS

Violates Article XI, Section 5 of the State Constitution by singling out a parcel of land in a specific locale that grants special privileges to private individuals on that land. Read the Governor's statement of objections.


SB1 SD1 HD2 CD1
Veto Date: July 15, 2009
Veto Stands

RELATING TO OPIHI

Establishes unenforceable and inconsistent standards and procedures for the harvesting of opihi. The Department of Land and Natural Resources can handle this issue through existing ocean management regulations. Read the Governor's statement of objections.


SB19 SD1 HD2 CD1
Veto Date: July 15, 2009
Veto Overridden, Becomes Law

RELATING TO PROCUREMENT

Increases the cost of State public works projects by providing procurement preferences on public works projects to bidders who are party to a registered apprenticeship agreement with the Department of Labor and Industrial Relations, even though their price to construct the project is higher. Read the Governor's statement of objections.


SB43 SD2 HD2 CD1
Veto Date: July 15, 2009
Veto Overridden, Becomes Law

RELATING TO PHYSICIAN WORKFORCE ASSESSMENT

Requires doctors to pay a $60 physician workforce assessment fee, in addition to the $240 they must already pay, when renewing their medical license for a program that the John A. Burns School of Medicine did not include as a budget priority. Read the Governor's statement of objections.


SB50 SD1 HD2 CD1
Veto Date: July 15, 2009
Veto Overridden, Becomes Law

RELATING TO RENEWABLE ENERGY PRODUCERS

Sets onerous terms and conditions for leasing public lands without auction to renewable energy producers. Read the Governor's statement of objections.


SB387 SD1 HD1 CD2
Veto Date: July 15, 2009
Veto Stands

RELATING TO THE STATE BUDGET

Unnecessarily transfers various programs and divisions within the Department of Business, Economic Development and Tourism to other departments that do not have an expertise in economic development and diversification. Also requires the Governor to report all budget restrictions to the Legislature 30 days after the end of each quarterly allotment period. Read the Governor's statement of objections.


SB415 SD2 HD1 CD1
Veto Date: July 15, 2009
Veto Overridden, Becomes Law

RELATING TO HOME CARE AGENCIES

Requires the Department of Health to license home care agencies, a function that belongs in the Department of Human Services. Read the Governor's statement of objections.


SB420 SD2 HD2
Veto Date: July 15, 2009
Veto Overridden, Becomes Law

RELATING TO NATUROPATHIC MEDICINE

Expands the scope of practice of naturopathic physicians by authorizing them to administer injections, perform minor office procedures (i.e., minor surgeries), and prescribe medicines and certain drugs, for which they may not have sufficient training. Read the Governor's statement of objections.


SB539 SD1 HD1 CD1
Veto Date: July 15, 2009
Veto Overridden, Becomes Law

RELATING TO CORRECTIONS

Proposes an inappropriate, vague, and unfunded legislative reorganization of the Department of Public Safety’s Intake Services Division and proposes the establishment of a Reentry Commission which is unnecessary and duplicative of the work of an existing commission. Read the Governor's statement of objections.


SB605 SD1 HD3 CD1
Veto Date: July 15, 2009
Veto Overridden, Becomes Law

RELATING TO NOISE

Establishes an unrealistic maximum nighttime noise level for urban areas that may be unenforceable by the Department of Health and county liquor commissions. Read the Governor's statement of objections.


SB777 SD1 HD1
Veto Date: July 15, 2009
Veto Overridden, Becomes Law

RELATING TO COMPREHENSIVE SEXUALITY HEALTH EDUCATION

Adversely impacts the State's ability to fund sex education programs that teach abstinence. Read the Governor's statement of objections.


SB1005 SD2 HD2 CD1
Veto Date: July 15, 2009
Veto Overridden, Becomes Law

RELATING TO PUBLICITY RIGHTS

Inappropriately attempts to register and treat publicity rights as if they were equivalent to the registrations and protections of a business trade name. Read the Governor's statement of objections.


SB1183 SD2 HD2 CD1
Veto Date: July 15, 2009
Veto Overridden, Becomes Law

RELATING TO DISCRIMINATORY PRACTICES
Unnecessarily requires the Hawai‘i Civil Rights Commission to adopt administrative rules by the end of the year to change certain definitions related to the Americans with Disabilities Act when they already have the authority to do so. Further, there is no federal requirement to change these definitions at the state level at this time. Read the Governor's statement of objections.

SB1206 SD1 HD1 CD1
Veto Date: July 15, 2009
Veto Overridden, Becomes Law

RELATING TO COUNTIES

Interferes in the authority of the City and County of Honolulu City Council to determine if the Board of Water Supply requires their approval to issue tax-exempt revenue bonds. Read the Governor's statement of objections.


SB1218 SD2 HD2 CD1
Veto Date: July 15, 2009
Veto Overridden, Becomes Law

RELATING TO MORTGAGE LOAN ORIGINATORS

Fails to establish a regulatory framework that complies with the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008. Read the Governor's statement of objections.


SB1224 SD1 HD2 CD1
Veto Date: July 15, 2009
Veto Overridden, Becomes Law

RELATING TO AIRPORT CONCESSIONS

Adversely impacts the revenues of the State airport system necessary for the operations of the airports and to fund the Airport Modernization Plan. Read the Governor's statement of objections.

SB1250 SD1 HD1 CD1
Veto Date: July 15, 2009
Veto Stands

RELATING TO EDUCATION
Increases the length of time that the Department of Education may employ unlicensed teachers, making the State non-compliant with the requirements of No Child Left Behind. Read the Governor's statement of objections.


SB1345 SD1 HD1 CD1
Veto Date: July 15, 2009
Veto Stands

RELATING TO AGRICULTURE

Requires disproportionate compensation to certain lessees of public lands when the Board of Land and Natural Resources withdraws a portion of their leased lands for a public purpose. Read the Governor's statement of objections.


SB1678 SD3 HD1 CD1
Veto Date: July 15, 2009
Veto Stands

RELATING TO TAXATION

Abdicates the setting of State tax policies to a national governing board established under the Streamline Sales and Use Tax Model Agreement and Act when Congress enacts this agreement. Read the Governor's statement of objections.

Wednesday, July 15, 2009

Pie in the Sky

The bill that Gene Ward sponsored and Linda Lingle signed has the state spending $500,000 to "write" up and submit a space port plan to the FAA. It is my contention that this could be done for less than $100,000. The idea is slightly unrealistic and the extra $400,000 is an indication of waste and abuse. See the WSJ coverage of this today:

From: http://blogs.wsj.com/economics/2009/07/15/hawaii-looks-to-space-tourism-to-aid-recession-woes/
July 15, 2009, 11:25 AM ET
"Hawaii Looks to Space Tourism to Aid Recession Woes"
By Conor Dougherty

Hawaii, hit hard by the global recession, is hoping that space flight will help it pull out of the tourism slump.

Hawaii hopes to attract tourists riding on crafts like this concept from Rocketplane Global. (Associated Press)

According to the Honolulu Advertiser, the state would start by spending up to a million dollars developing a spaceport.

But Hawaii isn’t alone: The state is already facing heady competition from states including Florida, Okalahoma and New Mexico, all of which are moving into the space tourism market.

Interestingly, the space idea isn’t a new none. Hawaii had hoped to build a rocket pad in the 1980s, an effort that went nowhere. In principle, the economic idea behind a spaceport probably isn’t much different than cruise terminals, something Hawaii is well familiar with. The state hopes tourists will come to Hawaii for space flight, and when they aren’t in the air they will be staying at one of the state’s many hotels, eating at a local restaurant or otherwise spending money in the state. There are, of course, plenty of people who question the wisdom of spending a million dollars in the middle of a budget crisis on an industry that may or may not develop.

The tourism slump has hit Hawaii hard. Visits fell by 7% in May from last year and visitor spending was down 15%, or $133 million, over the same period. The decline in visitors had led to rising unemployment and a decline in tax revenue that has forced the state to cut social services. Several tourism related businesses including Aloha Airlines have filed for bankruptcy protection. The Hawaii Superferry — another big idea meant to expand the state’s tourism market — has halted operations amid its Chapter 11 filing. There’s no way to know, but it would seem that, if they were around, a Hawaii company selling $200,000 rocket tickets would also be hurting in this economy.

See also:

YouTube - Hawaii Will Become A Space Port Announces Rep Ward

3 min 26 sec - May 2, 2009
LEGISLATIVE COMMITTEE PASSES HB 994 TO PROMOTE SPACE TOURISM Representative Gene Ward (R-Hawaii Kai-Kalama Valley) said ...

YouTube - Space Tourism with Reps. McKelvey and Ward Part 2

Part 2 of 4 Space Tourism with Representatives Gene Ward and Angus McKelvey Guests John Strom, VP of Business Development Enterprise Honolulu and ...

Monday, July 13, 2009

Travel + Leisure's Highest Rated Islands in the World for 2009

From: http://www.bizjournals.com/pacific/stories/2009/07/13/daily5.html?ana

I question whether they included French Polynesia or New Zealand in this, but here are the results of their readers:

Kaua'i Farm Worker Housing Ordinance...Bill Mark-up Meeting 7/15/09 9am Council Chambers

County Council Committee Meetings
9 a.m., Wednesday, Historic County Building, Council Chambers
• Planning Committee — Bill No. 2291, a bill for an ordinance relating to the Comprehensive Zoning Ordinance.
• Planning Committee — Bill No. 2317, a bill for an ordinance relating to Small Wind Energy Conversion Systems.
• Planning Committee —
Bill No. 2318, a bill for an ordinance relating to Farm Worker Housing.

Here was a good local article on the testimony hearing taken on this last week:
http://www.kauaiworld.com/articles/2009/07/09/news/kauai_news/doc4a5594ba34bea252292184.txt
"
Farm workers plead for housing"
By Michael Levine - The Garden Island July 9, 2009

LIHU‘E — Dozens of Kaua‘i farmers stuffed Council Chambers Wednesday afternoon, voicing their support for a proposed bill that would clear the way for farm worker housing and provide much-needed support for the agriculture industry.

“I believe there is a strong consensus on this island that we need to grow more of our food — for our security, our health and our economy,” former County Councilwoman JoAnn Yukimura said in written testimony. “We will not be able to do this without addressing the need for farm worker housing.”

Bill No. 2813, if passed, would amend Section 8-1.5 of the Kaua‘i County Code by adding to the list of definitions entries for “farm,” “farm worker,” and “farm worker housing.” It would also amend Section 8-7.3 of the code to include farm worker housing as one of 15 uses and structures that require a use permit in agricultural districts.

With the room packed with a standing-room-only crowd that could have made the fire chief cringe, farmer after farmer took to the microphone to ask the council to pass the legislation. Many said the current terms of the bill — which was amended by the Planning Department and Planning Commission — were too restrictive in its definitions and might not do enough for new or prospective farmers.


Specifically, some farmers asked that the requirement that the term “farm worker” refer to an employee who works no less than 14 hours per week, rather than the 19-hour minimum currently in the proposed legislation.

Also, one farmer complained that the definition “Farm worker housing means housing over and above the residential density allowed in the Agriculture District ... (on) a farm that has generated at least $35,000 of gross sales of agricultural products per year, for the preceding two consecutive years, for each farm worker housing unit on the lot” should be reduced to $12,000 or be removed altogether.

“Be careful about putting money in the definition of a farm,” Moloa‘a farmer Scott Pomeroy said. “There’s no doubt that ag land needs to be protected ... it’s just that the business of farming ... has been to extract as much money or product out of an acre of land as possible. That’s led to severe depletion of the soil” and puts more and more pressure on the farmers.

Another Moloa‘a farmer, Scott Neuman, said money could probably do better in a savings account than in a farm, but that Kaua‘i farmers put their hearts, souls and money “where their mouths are.”

“The profit is minimal with back-breaking work,” he said.

His wife, Linda, said she has lived illegally on their 10-acre farm for seven years because she has no choice.


“Passing this bill shows the community your support for family farming,” she said. “We need help.”

Planning Committee Chair and Council Vice Chair Jay Furfaro, who introduced Bill No. 2813 last month, said that accomplishing all the bill set out to do is “easier said than done.” He said removing a requirement for a use permit could create the potential for a lot of abuse, and added that some issues may have to be addressed through an upcoming update to the Comprehensive Zoning Ordinance. In short, Farm Worker Housing legislation is not a cure-all.

“I am looking forward to the Planning Committee meeting next week to work out some of the details,” Furfaro said in an interview during a caption break, with all but a few chairs full of yet-to-testify farmers.

“Why can’t we feed ourselves? We have the Garden Island here, so where’s the garden?” asked Keone Kealoha of Malama Kaua‘i in his testimony. “This is something that we have the ability to manage ourselves. ... I think that together we can figure out what those details [should be].”

Bill 2813 Timeline

• June 3 — Introduced by Jay Furfaro, passed on first reading by a 7-0 vote

• July 8 — Public hearing held, dozens of farmers attend to show support

• July 15 — Planning Committee meeting to be held, amendments to be discussed


Additional ideas for amendments presented on behalf of JoAnn Yukimura were:
1. The definition of "farm worker" should include farm owner or contract worker.
2. The requirement of $35,000 gross proceeds in two preceding years per farm worker unit does not fit the economic realities of farming various crops. Other Hawaii counties allow farmers to meet alternative criteria in lieu of the $35,000 [or less]. One alternative might be demonstrating that 75% [or less] of the farm's land is used for farming (including fallow land).
3. The required farm plan should not be approved by the Planning Dept. who do not necessarily have farming background. The farm plan should be approved by either the Soil & Water Conservation District Committee or by the Real Property Tax Div. Agriculture Inspector.

One other point to add:
"...One of the biggest issues many of us who are living on a CPR will face is having the bill address each individual farm as its own entity. This includes all of the Molo’a Hui lands, our own farm, and most of the north shore farmers. Really, in talking to some of the Kapahi people at the hearing, they also are farming on CPR lands. Aloha, The Wooton Family, Kauai Kunana Dairy"

Other good amendment ideas were mentioned at the July 8th Council meeting that will hopefully be brought forward to the best, most realistic ordinance bill possible on July 15th.

Here is a copy of the original bill No. 2318 with the key section of it below:
http://www.kauaiinfo.org/Billl%20%202318%20Farmworker%20Housing.pdf


...“Farm” means an operation or enterprise in operation for at least one year, the core function of which is the commercial cultivation of crops, including but not limited to crops for bioenergy, flowers, vegetables, foliage, fruits, forage, and timber or the raising of livestock, including but not limited to poultry, bees, fish, or other animal or aquatic life that are propagated for commercial purposes as evidenced by the annual filing of a Schedule F form with federal income tax filings by the owner or lessee.
“Farm worker” is an employee or intern who works no less than nineteen (19) hours per week in farm-related operations on a farm.
“Farm worker housing” means housing over and above the residential density allowed in the Agriculture District, as established in Section 8-7.5, which meets the following criteria:
(a) Is accessory to a farm that has generated at least $35,000 of gross sales of agricultural product(s) per year, for the preceding (2) two consecutive years, for each farm worker housing unit on the lot, as shown by State general excise tax forms and Federal Schedule F forms.
(b) The owner or lessee of the respective lot on which the farm worker housing is being proposed shall provide a farm plan to the Planning Department that demonstrates the feasibility of the respective farm’s commercial agricultural production.
(c) Is used exclusively for the housing of farm workers and their immediate family.
(d) For a family – the living space does not exceed 1200 square feet in area
(e) For a single person – the unit does not exceed 650 square feet in area
(f) If the farm ceases operation or fails to meet the definition of a farm, the owner shall remove all farm worker housing from the subject parcel within four (4) months of the triggering event (the cessation of a farm or failure to meet the definition). If the farm worker housing is attached to a primary dwelling unit that is part of the density allowed on the subject property, only the additional kitchen shall be removed, and not the additional
structure itself. At the time the owner is allowed another kitchen to create a farm worker housing unit, the owner shall sign a unilateral agreement giving the Planning Department the right to make two (2) unannounced inspections per year by the Planning Department for the purpose of ascertaining compliance in the case where the farm worker housing must be removed. Said agreement shall be recorded in the Bureau of Conveyances or the Land Court, as the case may be. Nothing in the agreement shall prevent the Planning Department from making as many properly executed announced inspections as may be necessary for the enforcement of other planning laws.
(g) Said housing shall be located on the subject parcel where the farming is occurring and the owner shall not, subsequent to obtaining the required zoning permits for the farm worker housing, subdivide said housing from the farm nor form any condominium property regime around said housing.
(h) Said housing may be portable and or temporary, but in all cases shall meet all health, safety and Occupational Safety and Health Administration (O.S.H.A.) requirements.
(i) A property shall be eligible for farm worker housing only when all of the subject property’s respective maximum permitted residential densities, as established in Section 8-7.5, have been permitted and constructed.
(j) The owner of farm worker housing shall annually certify to the Director of Planning that the Farm Worker Housing meets the conditions of subsection a through i above and shall give written consent to the Planning Department for an annual announced inspection by the department.
(k) Prior to the issuance of the building permit, the applicant shall demonstrate to the satisfaction of the Planning Director that the applicant has recorded in the Bureau of Conveyances or the Land Court, as the case may be, the above conditions, explicitly stating that the use permit does not run with the land but is personal to the specific applicant, and that any subsequent owner must secure a separate use permit for farm worker housing...

Organic gardeners outcompete industrial farmers

From: http://www.islandbreath.org/

Russian Gardeners

SUBHEAD: A growing number of people believe that Russian gardeners, or dachniks, hold keys to the planetary survival.
SOURCE: Shannon Rudolph

Organic gardeners outcompete industrial farmers

Why is this the case?

Simply because on their minuscule plots of what was formerly marginal unproductive land, tens of millions of Russian families now grow more food than the total of the country's commercial agriculture.

A "commune" of Russian dachniks in front of shared housing on 7/27/08.
From http://yav.org.ru/eng/actsandevents/08-07-26earthday.htm

They require no government subsidies, are not dependent on fossil fuels or machinery, use predominantly organic growing methods, and are fabulously productive, while at the same time upholding the millennia-old tradition of living in union with Mother Earth.

Russian gardeners' example shows that an agriculture based on the ideals of beauty, permanence, and non-violence is practicable on the national scale even in the industrially developed countries.

Groundbreaking new research

Forthcoming in August 2008, Family Gardens: Russia's Primary Agriculture by Dr. Leonid Sharashkin presents what is probably the first comprehensive study of the monumental economic, social, and cultural significance of Russia's vast permaculture movement.

Far from being an abstract theoretical study, Dr. Sharashkin's research is of crucial practical importance to anybody concerned with the future of humanity.

Russia's unique family gardening practice offers a missing link to our understanding of how everybody can attain self-sufficiency while living a lifestyle gentle on the Earth.

Sharing the knowledge

The Earth gives so freely without asking anything in return. This is what we call the miracle of fertility.

Believing that we can all benefit from following nature's own ways, Dr. Sharashkin is making his entire 300-page doctoral dissertation available for a free download from this website, PrimaryAgriculture.com. To download the PDF file (3 Mb) click here http://primaryagriculture.com/dissertation.pdf

Australian Town, State Government Ban Bottled Water

From: http://in.reuters.com/article/worldNews/idINIndia-40916120090709

"Australian Town, State Government Ban Bottled Water"
by Belinda Goldsmith Reuters Australia July 12, 2009

CANBERRA - An Australian town has banned bottled water, claiming to be the first in the country to revert to the tap for the sake of the environment and prompting the nation's largest state government to stop buying bottled water.

Residents of rural Bundanoon, a picturesque, tourist destination 150 kms (93 miles) southwest of Sydney, voted overwhelmingly Wednesday to rid the town of bottled water to combat the carbon footprint from bottling and transporting it.

Local businesses in the town of 2,500 people have agreed to replace all single-use bottles with reusable bottles that can be filled from water fountains and to bear the loss of sales.

"Bottled water has a role to play in various parts of Australia and many parts of the world but we don't really need it as we have a wonderful municipal water supply," local businessman Huw Kingston, who led the campaign, told Reuters.

"We're not a bunch of raving greenies but this is us showing we can work together as a community for sustainability."

Kingston, who runs a combined cafe and bike shop, said the ban was voluntary, with "no water police in Bundanoon," so it was up to the town's 50 to 60 businesses to implement the change.

He said a catalyst for the campaign was an application by Sydney company Norlex Holdings Pty Ltd to build a local water extraction plant, raising people's awareness of the issue. The application was rejected but an appeal is before the courts.

The campaign has spread beyond Bundanoon, prompting the government of New South Wales (NSW), Australia's most populous state, to also look at ways to cut down on bottled water.

Organizations like conservation group WWF have campaigned against bottled water, saying resources are wasted in bottling and transporting water which may be no safer or healthier than tap water while selling for up to a thousand times the price.

NSW Premier Nathan Rees this week announced an immediate ban on state departments and agencies buying bottled water.


"Tap water isn't just better for the environment, it's better for your wallet - you can refill your drink bottle 1,350 times for the average cost of a bottle of spring water," Rees said.


Australians spent about $500 million (US$395 million) on bottled water in 2008, a 10 percent increase on 2007.


Environmental group Do Something!, which helped drive a ban on plastic bags in Coles Bay in the state of Tasmania, welcomed the NSW government and Bundanoon bans.


"We are very much hoping that this move will get Australians to rethink the half billion dollars a year that they spend on bottled water," said Do Something! chairman Jon Dee...

Sunday, July 12, 2009

Kaua'i Mayor's Proactive Message on Conservation

From: http://www.kauaiworld.com/articles/2009/07/12/news/kauai_news/doc4a598508b644f194063698.txt

"Together, we can make a difference"
By Bernard P. Carvalho Jr. – Special to The Garden Island
Sunday, July 12, 2009
Over the past six months, I have said it over and over again: “Together, we can!” I truly believe that there is no challenge we can’t overcome if we work together with open hearts and hands willing to get the job done.

One of the areas of biggest challenge for us is a word that is on everyone’s lips these days: sustainability. To be truly sustainable, we must learn how to balance the needs of our economy, our environment and our communities in order to meet our current needs, without compromising the needs of future generations.

Can we do this? I believe we can. And I’m asking each of Kaua‘i’s residents to play a part in stabilizing our economy and protecting the future of our beautiful island. Every month in this column, thanks to a partnership with Apollo Kaua‘i and The Garden Island newspaper, I will be addressing ways in which we can live, work and play more sustainably.

This month, I want to begin by saying “Mahalo” to our community for staying upbeat and patient during these tough times. Because of Kaua’i’s spirit, people from all over the world can come here to forget their own troubles. This is a gift we offer the world. We also offer one of the most beautiful locations on earth. With this opportunity, we also have a chance to show those who visit how to properly respect the land and ocean.


There is a direct link between a healthy economy and a thriving local population, and much of what we need to do starts right in our own homes and businesses. Take energy costs, for example. High energy consumption is not only bad for our environment; it’s bad for our pocketbooks as well. By changing our lifestyles we can conserve energy, protect our environment, and reduce our monthly expenses all at the same time.

Each month, with the assistance of Apollo Kaua‘i — a local organization dedicated to researching energy solutions — I’ll be sharing with you some practical tips on how we can begin to move the needle on sustainability. These are things we all can do, and indeed, must do, if we are going to protect the quality of our lifestyle now and into the future:

1.) It’s time to recycle! Set up bins at your home and at work — for paper, plastic, cardboard, newspaper, cans and glass. Empty these bins at the nearest recycle locations. The more we recycle now, the sooner we can be prepared for the added convenience of curbside pickup.

2.) Use clotheslines instead of dryers. This saves money and saves energy, and it’s easy to do.

3.) Ride a bike and ride the bus. Use your car less. This will save the environment, save you money and take off some extra pounds.

I urge you to make a commitment to start these three actions right away.


Please share this message with your ‘ohana, friends and work associates. Make it your message. Together, we will make a difference.

Mahalo nui loa.

• Bernard P. Carvalho Jr. is mayor of Kaua‘i County. This is his first monthly column on sustainability written exclusively for The Garden Island.